Ministry opposes bill on Senate’s budget proposals

The Ministry of Law has opposed a bill seeking to amend the Article 73 of the Constitution to make it obligatory for the federal government to incorporate 20% of the recommendations of the Senate with regard to a finance bill.

The Senate Standing Committee on Law and Justice on Wednesday resumed discussion on the Constitution (Amendment) Bill, 2020 (Amendment of Article 73).

The committee chairman, Javed Abbasi of the PML-N, said every year senators work hard to study the budget statement and propose projects and schemes in different areas but none of those recommendations are incorporated in the budget.

“The bill seeks to amend Article 73(1)(A) making it binding on the government to incorporate at least 20% of the Senate’s budget recommendations in the final budget statement,” he said.

He said there was no point of presenting the budget in the Senate if its proposals have no legal worth.

Another PML-N lawmaker Musadik Malik said if senators’ recommendations are not accepted due to their indirect election then members for the upper house should also be elected through direct polls.

However, the officials of the Ministry of Law said there is no precedent of any legislation in which a percentage is set.

Senator Mustata Nawaz Khokhar, who belongs to the PPP, also opposed the amendment and said the amendment bill is not compatible with the 1973 Constitution.

“The UK upper house also does not have this power,” he added.

The PTI’s Waleed Iqbal also opposed the bill and said Indian courts also set aside a number of constitutional amendments that were not compatible with their constitution’s basic structure.

Senator Musadik Malik, however, objected to citing an example of a country which “Pakistan has been in war with for the past 70 years.”

Senator Iqbal noted that not accepting the basic structure theory would have damaging consequences as some people might suggest a constitutional amendment someday to bring in the presidential form of government.

Recently, two petitioners have moved the apex court requesting it to order the prime minister to hold a referendum to replace the parliamentary form of government with the presidential system.

Chairman Abbasi later said the committee will decide about the bill after concluding debate on it in its next meeting.